The New Brunswick Court of Appeal has upheld a decision to give the proceeds from the underfunded St. Anne-Nackawic pulp mill pension fund to all former employees.

Previously, only retirees over the age of 55 were allowed access to the plan.

However, the provincial government changed the legislation under the Pension Benefits Act in 2005, giving those under 55 access to pensions.

The older workers challenged the legislation as a violation of their rights under the Charter of Rights and Freedoms, but the court rejected those arguments.

The retirees say they are prepared to take the case to the Supreme Court of Canada.

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